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STATE v. SMITH

245 Or. 461 (1967)

422 P.2d 576

STATE OF OREGON v. JOHNNY LEE SMITH

Supreme Court of Oregon.

Affirmed January 18, 1967.

Attorney(s) appearing for the Case

George A. Haslett, Jr., Portland, argued the cause and filed a brief for appellant.

Jacob B. Tanzer, Deputy District Attorney, Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, District Attorney, Portland.

Before McALLISTER, Chief Justice, and SLOAN, GOODWIN, HOLMAN and LUSK, Justices.

AFFIRMED.

LUSK, J.

The defendant has appealed from a conviction of the crime of receiving and concealing stolen goods.

In the defendant's brief error was assigned to the giving of the following instruction:

"There is evidence in this case that the defendant has formerlly (sic) been convicted of a crime. You are instructed that you may take into consideration this fact in determining the credit to be given to the testimony of the witness. It...

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